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2016-43 - EG � NOTICE OF DECISION ._ Planning& Building Department Project Name: Surfhouse Hotel Remodel Request: Exterior fagade improvements to an existing hotel Discretionary Actions: Administrative Design Review Permit(ADR) Coastal Development Permit(CDP) CEQA Determination: Exempt DECISION: APPROVED Project Number: 16-059 ADR/CDP PBD Number: 2016-43 Location: 960 North Coast Highway 101 Community: Leucadia APN: 254-313-01 Applicant: Surfhouse LLC Representative: Jan Solomon Project Planner: J. Dichoso, Associate Planner, jdichoso(a�encinitasca.gov Decision Date: September 14, 2016 Report Approval: ®Scott Vurbeff, Environmental Coordinator SUMMARY AND KEY CONSIDERATIONS The applicant is requesting an Administrative Design Review Permit (ADR) and Coastal Development Permit (CDP) for fagade improvements to an existing hotel. With the ADR/CDP, the project as proposed complies with all development standards. ITEM NAME: SUnFHoUSEHOTEL PROJECT NUMBER: 16-050AOR/CDP SEPTEMBER 14. 2O1O PROJECT DESCRIPTION The existing hotel is located at the southwest corner of North Coact Highway 101 and Jasper 5tnaeL In accordance with the Residential Building Reoord, the structure was originally built in 1972 under the County of San Diego prior to the City's incorporation in 1986. The applicant is requesting an Administrative Design Review (ADF() Permit and Coastal Development Permit (C[)P)for the following scope Ofwork: 1. Exterior nenlOde| to include: o. Replacement of existing first floor atrium with new first and second floor covered decks along North Coast Highway 101 to provide oonnOlon area for guests; b. Replacement Of portion of easterly mansard roof near North Coast Highway 101 to iDGt8|| curvilinear wall feature for new wall Signoge; o. Removal of shed roof element and walls along north fogadeOf first floor; d. Use of white stucco base exteri0[, a|unniOunn standing ae@On roof, natural cedar wood trim along railings and stairways and first floor tro||ie/cO|unnna. and oi|w8r slate door paint; e. Installation of an art [nuna| on the south elevation; 2. The removal of legal nonconforming pole sign; and 3. New vv@|| aignage on north and south elevations. The hotel is also completing an interior remodel per Building Permit No. 18-805 approved On June 13' 2010. The interior remodel in exempt from design review per Encinitas Municipal Code Section 23.08.030B (Exemptions). F8gede Improvements The overall hotel fagade remodel results in o de8n, contemporary beach style. The renovation consists Of structural and noemn8Uc r8paira, nHrnoms| of 8 nonconforming pole Gign, and adding new sigD@ge. The existing atrium is being removed and replaced with connnlOn area decks. The addition of the second f|oor, covered deck requires o partial removal of the existing mansard. The natural cedar vv0Od trim along the railings and stairways provide a complementary and yet contrasting visual element to the dean look of the standing seam g|uD0iOU0 roof and the white base GtUono exterior. The different material treatments and architectural features are consistent with Chapter 4 (Design Recommendations) Of the North 101 Corridor Specific Plan. PROJECT ANALYSIS Background Pursuant to the K]-CM-1 zone of the North 101 Corridor Specific P|2n, o hotel naquinaa issuance of a Major Use Permit which was approved per PC Resolution 98-020 (Case No. 96'094 yNUP/CDP) on June 28, 1996. 2of21 ITEM NAME: SuRFHouaEHOTEL PROJECT NUMBER: 16-059 ADR/CDP SEPTEMBER 14. 2O1G Project Site Characteristics General Plan: General Commercial (GC) Specific Plan: North 101 Corridor Specific Plan (N1 01) Zoning District: N-CM-1 Zoning Overlay: Coastal Overlay Community Character Context: Main Street Corridor Other Key City Plan: None Notable State or Regional Plan and Law: None The area surrounding the project site is previously developed and is located within the Main Street Corridor Community [}h8[8[ter Context. The Main Street Corridor Community Character Context consists of primarily retail land uses and mixed-use commercial/residential uses. The hotel use in consistent with the predominantly commercial land uses. Adjacent Area Direction General Plan & Community Character Land Use Zoning District Context North GC/N-CM-1 Main Street Corridor Commercial retail South GC/N-CM-1 Main Street Corridor Commercial retail East TC/TC Main Street Corridor Transit Corridor West R11/R11 Main Street Corridor Multi-family Mixed-use commercial properties zoned North Coast Highway 101-Commercial Mixed-1 (N-C}M- 1) ar8 located to the north and South along North Coast Highway 101. Single-family and multi- family uses lay to the vvaot across the alley. Consistent with the N-CM-1 zona, c0rnrnerCi8| uses comprised of retail and restaurants are located to the north and south of the project site along North Coast Highway 101. Railroad tr@oha owned and operated by the North County Transit District are located to the immediate east before North Vulcan Avenue, and the residential uses beyond. The hotel use is consistent with the predominantly commercial land uses. 3of21 ITEM NAME: SURFHOUSE HOTEL PROJECT NUMBER: 16-059 ADR/CDP SEPTEMBER 14, 2016 General Plan Policy Consistency General Plan Goal or Policy Explanation of Project Conformance LU Policy 1.8: Encourage the The project site is zoned N-CM-1 which is intended to types of commercial activities provide a zoning district where the development of general which will supply the community commercial uses or mixed use uses may be allowed. with a diverse economic base. Pursuant to the N-CM-1 zone of the North 101 Corridor Specific Plan, a hotel requires issuance of a Major Use Permit, which was approved per PC Resolution 96-020 (Case No. 96-094 MUP/CDP) on June 28, 1996. The hotel is a commercial use and contributes to the existing commercial needs of the community and being a hotel fits in with the current blend of commercial uses. The hotel will blend into the commercial character of the North 101 corridor which makes this use contextually, compatible as its activity and operation are appropriate. LU Policy 1.14: The City will The existing use and proposed fagade remodel, as maintain and enhance the Hwy conditioned, will improve lodging options for those living in 101 commercial corridor by and visiting the community as it supports tourist-related and providing appropriate community- pedestrian-oriented uses. The eclectic mix of land uses serving tourist-related and creates the organic character that draws visitors to the pedestrian-oriented uses. Leucadia. LU Policy 6.1: Permit The proposed hotel remodel is compatible with the existing commercial land uses and other surrounding commercial uses, and as conditioned, will not types of nonresidential negatively affect the residential development that is located development only in those area to the west of the project site. The hotel is located within an where such development existing commercial corridor along North Coast Highway presently is concentrated or 101 and is surrounded by predominantly a mix of where indicated by the General commercial and residential uses, including other hotels. Plan as long as such development does not result in land use conflicts with residential development. 4of21 ITEM NAME: SURFHOUSE HOTEL PROJECT NUMBER: 16-059 ADRICDP SEPTEMBER 14, 2016 Specific Plan Policy Consistency Specific Plan Goal or Policy Explanation of Project Conformance Section 2.1.1 — Community Vision According to the zoning standards of the North 101 Corridor Specific Plan, the N-CM-1 intends to provide a • Provide a commercial zoning district where 1) stand-alone commercial; or (2) corridor that serves both the needs mixed use per the specific plan may be allowed. The of the neighborhood residents as intent of this zone is to achieve an eclectic blend of uses. well as visitors to the community; The hotel is a commercial use and contributes to the commercial needs of the community and being a hotel Section 2.2.1 — Land Use Goals fits in with the eclectic blend of uses, as a hotel is typically not found among the commercial uses found D. Provide a balance between along North Coast Highway 101. neighborhood-serving and visitor- serving uses. Section 4.5.3.A1 Mass and The project is to improve the facade of an existing Compatibility building design with wood siding and stucco materials and natural colors. New improvements are provided to enhance and soften the bulk and mass of the existing building. N-CM-1 Zone Development Standards Analysis Development Project Proposed Complies? Standard Minimum Net 6,000 net square feet 3,600 square feet Yes ❑ No Lot Area Lot Width 75 feet 40 feet Yes ❑ No Lot Depth 80 feet 90 feet Yes ® No ❑ Front Yard 0 feet One foot Yes ® NO ❑ Setback (Existing atrium replaced by common area deck Side Yard 0 feet 0 feet Yes ® No ❑ Setback (South) Street Side Yard 0 feet 23 feet Yes ® No ❑ Setback (Jasper Street) 5of21 ITEM NAME: SURFHOUSE HOTEL PROJECT NUMBER: 16-059 ADR/CDP SEPTEMBER 14, 2016 Rear Yard 0 feet 7 feet(Alley) Yes ® No ❑ Setback Lot Coverage 90 percent maximum 40 percent Yes ® No ❑ Floor Area Ratio n/a n/a n/a Building Height 30 Feet 20 feet-10-inches Yes ® No ❑ Landscaping 10 Percent 16 percent Yes ® No ❑ Off-Street See Parking discussion below. Yes ❑ No ❑ Parkin Legal Nonconformity The N-CM-1 zone specifies a minimum lot size of 6,000 square feet with minimum lot dimensions of 75 feet in width and 80 feet in depth. The subject lot is 40 feet in width, and a lot area of 3,600 square feet, which are both, less than the minimum lot width and area. The lot depth is 90 feet and complies with the 80-foot standard. The property was originally subdivided as Lot 8 of Block 3 of South Coast Park No. 2 according to Map No. 1859 recorded on September 21, 1925, which confirms that the substandard width and lot width were legally established. Off-Street Parking Planning Commission Resolution 96-20 approved the use permit for the hotel use on July 25, 1996 with a shared parking agreement with the adjacent southerly property. The eight hotel rooms were parked at a standard rate of 1.25 spaces per room which yielded 10 parking spaces. Since only nine spaces were available onsite, the tenth space was located next door to the south off the alley requiring a shared parking agreement with the southerly property owner. Because the project regards a fagade change and includes no new floor area, the approved 10 parking spaces will be maintained, and no additional parking spaces are required. The North 101 Corridor Specific Plan was effective on October 8, 1997 (City Council Ordinance 1997-13), and rezoned the project site from General Commercial to N-CM-1 (North 101-Corridor Specific Plan-Commercial Mixed-1). With the change in zone, the parking standard changed. While the standard 1.25 parking spaces space per room remained the same for the hotel, the specific plan allowed for on-street parking credit along North Coast Highway 101 which was not available previously. The on-street parking credit was introduced to recognize small-lot development along the N101 corridor. The project site is 3,600 square feet in area and less than the minimum lot size of 6,000 square feet. Since the property's North Coast Highway 101 street frontage length is 40 feet and a typical parallel parking spot is dimensioned as eight-feet wide by 21-feet long per the Off-Street Parking Design Manual, at least one parking space may be credited. Therefore, this project proposes the tenth parking spot to be located along the street frontage rendering the shared parking agreement for the alley parking irrelevant. The applicant may choose to amend the 1996 use permit to remove the shared parking agreement in the future. 6of21 ITEM NAME: SURFHOUSE HOTEL PROJECT NUMBER: 16-059 ADR/CDP SEPTEMBER 14, 2016 Signage All signs proposed for this development are designed and are in conformance with Chapter 30.60 (Signs) of the Municipal Code. Section 30.60.100D1 (Wall Signs) stipulates that maximum wall sign area be based on a ratio of one square foot of signage per one linear foot of store frontage on the side where the main entrance is located. The hotel main entrance is off Jasper Street and the property has a frontage of 90 feet which would allow for 90 square feet of wall signage which is distributed among three signs listed below: Sin Location Area 1 North - Curvilinear Wall 41 square feet 2 North corner- Loo Threesquare feet 3 South —Above Mural 29 square feet Total 73 square feet Maximum Permitted 90 s uare feet EMC Section 30.30.100C4 prohibits pole signs. The existing pole sign along North Coast Highway shall be removed thereby removing the legal nonconformity. A specific condition has been included to address the pole sign removal. Wall Mural An art mural is proposed to beautify the currently blank southern facade seen by northbound North Coast Highway 101. Murals are acceptable provided that the mural is not used for advertising and branding which would subject it to the municipal code's sign regulations (Chapter 30.60 — Signs) in regard to size, area, and intent. A specific condition is included to address this distinction. Specifically, although the hotel signage and mural proposed are "themed" as surfing, stylistically each is different and thus acceptable. An example of the mural is include in the case file and is proposed to be mosaic-like completed by a local artist. Except for the mural included with this design review permit; application for Substantial Conformance Review shall be required for any change or new mural proposed. Landscaping There is existing landscaping that will remain in place. The 1996 use permit authorized the plantings within the right-of-way to count towards the 15 percent on-site landscape requirement, but with the change in zone, the landscape percentage requirement was reduced to 10 percent. The overall landscaping percentage proposed is 16 percent which exceeds the minimum requirement. The landscaping planter along the western alley is doubling its width from two feet to four feet, an increase of 52 square feet. There is no change to the landscape strip in the North Coast Highway 101 right-of-way except to replace the groundcover to match the same also located in the alley planter. The existing two Pygmy Date Palms and three Queen Palms will remain and protected in place during construction. 7of21 ITEM NAME: SURFHOUSE HOTEL PROJECT NUMBER: 16-059 ADR/CDP SEPTEMBER 14, 2016 Design Guidelines Consistency Specific Plan Policy or Standard - Explanation of Project Conformance Section 4.5.8.A(Design Consideration for Special Uses - Hotels 2. Architectural Treatment The overall hotel facade remodel results in a clean, a. The design and scale of contemporary beach style. The renovation consists of the structure should relate repairs, removal of a nonconforming pole sign, and adding to the desired form and new signage. The proposed signage relates well to the pedestrian scale of physical appearance of the subject building and is uniform surrounding structures in in scale and proportion to the vicinity. The colors and the North 101 Corridor materials of the signs relate well to each other and to the Specific Plan area, but exterior appearance of the area. The existing atrium is most importantly to the being removed and replaced with a common area deck desired village scale for above to allow interaction with the street. The exterior the area. decks and proposed mural provides an opportunity for pedestrian visual interest. b. Combinations of one, two or three story building Although the bulk and mass of the hotel is linear elements which create considering that it was built in 1972, the applicant has sensitive transitions in diminished the straight lines with materials and color. A form and scale with portion of easterly mansard roof near North Coast Highway surrounding structures are 101 has been replaced with a curvilinear wall feature (for preferred over linear new wall signage) to provide articulation. The overall hotel buildings of a single fagade remodel results in a clean, contemporary beach consistent height. style. Clusters of cottage type buildings are encouraged. 3. Materials The natural cedar wood trim along the railings and Use building materials and design stairways provide a complementary and yet contrasting features that promote a sense of visual element to the clean look of the standing seam permanence and a diversity of aluminum roof and the white base stucco exterior. The style and detail. More different material treatments and architectural features are specifically, emphasize "pe- consistent with Chapter 4 (Design Recommendations) of rmanent" materials (e.g. wood, the North 101 Corridor Specific Plan. brick, clapboard, stone, stucco, concrete, tile, etc.) as primary building materials. Avoid the use of glass walls, bare aluminum and plastic. 8of21 ITEM NAME: SURFHOUSE HOTEL PROJECT NUMBER: 16-059 ADR/CDP SEPTEMBER 14, 2016 Specific Plan Policy or Standard - Explanation of Project Conformance Section 4.5.8.A(Design Consideration for Special Uses Hotels C. Avoid exposed air conditioning units for each A specific condition of approval has been included to guest room. address this recommendation. d. Screen mechanical equipment on roofs. A specific condition of approval has been included to Locate equipment in address this recommendation. mechanical/utility rooms surrounded by a solid screening wall designed to integrate with the architecture of the building, wherever possible. Local Coastal Program Consistency The project complies with the City's certified Local Coastal Program including applicable General Plan policies and Municipal Code requirements, and all other applicable development and design standards. No potentially significant adverse impacts to the environment would result from the project and the project is exempt from environmental review. The project site is an infill site that is not located between the sea and the nearest public road. PUBLIC NOTICE AND PARTICIPATION Citizen Participation Program The applicant submitted a Citizen's Participation Program (CPP) in accordance with Section 23.06 of the Municipal Code. All owners and tenants were notified of the CPP meeting and proposed project. The neighborhood meeting was held on Wednesday, April 6, 2016, at 6:00 p.m. at the Encinitas Civic Center. According to the CPP Final Report, only the owner and designers were present at the meeting. No community members attended. Neither staff nor the applicant received any questions following the meeting. Public Notice The Notice of Pending Action on the Administrative Design Review Permit and Coastal Development Permit was mailed on July 28, 2016 to all property owners within 500 feet of the project site and to anyone who requested such notice in writing, in compliance with Encinitas Municipal Code Sections 30.01.070 and 30.80.080, as applicable. Additionally, as a courtesy, the notice was posted at City Hall and on the Planning and Building Department's Internet site under"Public Notices" and via e-Project Source. 9of21 ITEM NAME: SURFHOUSE HOTEL PROJECT NUMBER: 16-059 ADR/CDP SEPTEMBER 14, 2016 Other Public Input Staff spoke with a neighbor at the counter about the project. The neighbor was satisfied with staff's response and supported the application. ENVIRONMENTAL CONSIDERATIONS The project is exempt from environmental review pursuant to the California Environmental Quality Act (CEQA) Guidelines Sections 15301(a) and 15311(a). CEQA Guidelines Section 15301(a) exempts from environmental review existing structures, which involve negligible or no expansion including interior or exterior alterations involving such thing as interior partitions, plumbing and electrical conveyances, and Section 15311(a), which exempts on premise signs. The project meets the criteria for the exemption. The project does not qualify as one of the exceptions prescribed under Section 15300.2 of the CEQA Guidelines and no historic resources are affected by the proposed project. DISCUSSION Fagade changes, new wall signs, and a mural are proposed to an existing hotel building that fronts North Coast Highway 101. This hotel has been relatively unchanged since 1996. The proposed design incorporates reusing the shell of the building architecture with a variety of offsetting and complementary materials. All improvements are appropriate to the site location, will be complementary to the architecture and are in scale with existing and surrounding buildings. FINDINGS DESIGN REVIEW PERMIT Based on findings for a Design Review Permit as per Encinitas Municipal Code Section 23.08.080, and the aforementioned analysis, the Planning Department has made the following findings to support the approval, with conditions: Findings for Design Review Permit Explanation of Finding a. The project design is inconsistent with the The project is consistent with the General General Plan, a Specific Plan or the Plan, N101 Specific Plan, and Municipal Code. provisions of this Code. The community character is maintained while allowing creativity and individuality. The pedestrian environment is improved and all development standards are met. The applicant is proposing an interior and exterior renovation to an existing hotel structure which is an allowed land use per the underlying zone with an approved use permit. 10 of 21 ITEM NAME: SURFHOUSE HOTEL PROJECT NUMBER: 16-059 ADR/CDP SEPTEMBER 14, 2016 Findings for a Design Review Permit Explanation of Finding b. The project design is substantially The building design is consistent with the inconsistent with the Design Review design recommendations as it relates to Guidelines. design review recommendations of the N101 Specific Plan. The applicant is proposing various architectural treatments, materials and other elements on the fagade and rooflines. The facade design and mural and signage meet the intent of the N101 Specific Plan by maintaining and enhancing pedestrian orientation and visibility, while maintaining a village scale. c. The project would adversely affect the The project is conditioned to ensure that the health, safety, or general welfare of the public health, safety and welfare of the community. community are maintained. The conditions of approval will ensure that the project is constructed in accordance with local zoning codes and building codes, and that the project complies with the Encinitas Municipal Code. Compliance with the building code and Encinitas Municipal Code will ensure that the project will not adversely affect the health, safety and welfare of the community. d. The project would tend to cause the The project will not cause the surrounding surrounding neighborhood to depreciate neighborhood to depreciate materially in materially in appearance or value. appearance or value. The facade change result in an updated more contemporary look and style, enhancing the appearance and value of the surrounding neighborhood. The facade change is compatible with the surrounding types of structures and uses. The physical improvements include natural, quality materials that complement the existing and surrounding properties. No evidence has been identified or received indicating that the proposed project would cause the surrounding neighborhood to depreciate materially in appearance or value. 11 of 21 ITEM NAME: SURFHOUSE HOTEL PROJECT NUMBER: 16-059 ADR/CDP SEPTEMBER 14, 2016 COASTAL DEVELOPMENT PERMIT Based on findings for a Coastal Development Permit as per Encinitas Municipal Code Section 30.80.090, and the aforementioned analysis, the Planning Department has made the following findings to support the approval, with conditions: Finding for a Coastal Development Permit Explanation of Finding The project is consistent with the certified An Administrative Design Review Permit and Local Coastal Program of the City of Encinitas; Coastal Development Permit are proposed for and exterior facade improvements to the building. The project conforms to the Municipal Code, N101 Specific Plan and policies of the General Plan. The project as proposed complies with applicable development standards for the subject N-CM-1 zone and relevant provisions of the Municipal Code. The project is determined to be exempt from environmental review. The proposed development conforms with No potentially significant adverse impacts to Public Resources Code Section 21000 and the environment will result from the project and following (CEQA) in that there are no feasible the project is exempt from environmental mitigation measures or feasible alternatives review pursuant to Sections 15301(x) and available which would substantially lessen any 15311(a) of the California Environmental significant adverse impact that the activity may Quality Act (CEQA) Guidelines. have on the environment; and For projects involving development between The project site is located on Coast Highway the sea or other body of water and the nearest 101 and Jasper Street, which is not between public road, approval shall include a specific the first public road and the sea. finding that such development is in conformity with the public access and public recreation policies of Section 30200 et. seq. of the Coastal Act. CONCLUSION The proposed Administrative Design Review Permit (ADR) and Coastal Development Permit (CDP) application for a new exterior facade for an existing hotel and is consistent with the findings for an Administrative Design Review Permit (ADR) and Coastal Development Permit (CDP). The project is compatible, complements and suitable with the surrounding community and uses, and will have a positive visual impact along the Mainstreet Corridor. Therefore, based on the aforementioned findings and subject to the following conditions of approval, the project is approved. 12 of 21 ITEM NAME: SURFHOUSE HOTEL PROJECT NUMBER: 16-059 ADR/CDP SEPTEMBER 14, 2016 CONDITIONS OF APPROVAL SC1 SPECIFIC CONDITIONS: SC2 At any time after two years from the date of this approval, September 14 2018 at 5:00 P.M., or the expiration date of any extension granted in accordance with the Municipal Code, the City may require a noticed public hearing to be scheduled before the authorized agency to determine if there has been demonstrated a good faith intent to proceed in reliance on this approval. If the authorized agency finds that a good faith intent to proceed has not been demonstrated, the Coastal Development Permit shall be deemed expired as of the above date (or the expiration date of any extension). The determination of the authorized agency may be appealed to the City Council within 10 days of the date of the determination as listed on this Permit. SC6 This project is conditionally approved as set forth on the application and project drawings stamped received by the City on August 31, 2016, consisting of eight sheets, including Title Sheet (T-1), Demolition Plan (A1.0), Site Plan (A1.1), Finish Plan (A2.4), Roof Plan (A2.6), Elevations (A3.0), and Colored Elevations/Wall signs (Two sheets), all designated as approved by the Planning and Building Department on September 14, 2015, and shall not be altered without express authorization by the Planning and Building Department. SCA The following conditions shall be completed/fulfilled to the satisfaction of the Planning and Building Department: 1. Encinitas Municipal Code Section 30.30.100C4 prohibits pole signs. The existing pole sign along North Coast Highway shall be removed prior to building permit final occupancy thereby removing the legal nonconformity. 2. An art mural is proposed for the southern hotel facade seen from northbound North Coast Highway 101. To the satisfaction of the Planning & Building Department, a proposed mural shall not be used for advertising and branding which would subject it to the municipal code's sign regulations (Chapter 30.60 — Signs) in regard to size, area, and intent. Except for the mural included with this design review permit; application for Substantial Conformance Review shall be required for any change or new mural proposed. 3. No air conditioning units are to be located in each hotel room windows per the specific plan's recommendation. 4. A temporary construction trailer shall be removed upon project completion to the satisfaction of the Planning & Building Department. SCB The following conditions shall be completed/fulfilled to the satisfaction of the Encinitas Fire Department: 1. A building permit is required from the City of Encinitas. 13 of 21 ITEM NAME: SURFHOUSE HOTEL PROJECT NUMBER: 16-059 ADR/CDP SEPTEMBER 14, 2016 2. Fire protection equipment and relocation of equipment shall be approved by the Fire Department, including but not limited to the Fire Department Connection, Fire Alarm Panel, etc. SCC The following conditions shall be included on the building and/or grading plans and performed to specification of the Engineering Services Department: 1. The relocated ADA parking area shall be replaced and brought up to code. The parking space shall be constructed of pervious pavers or drain to a treatment facility. 2. The existing vegetation in front of the parking area shall be removed and replaced with groundcover that does not impede parking. Parked vehicles shall not encroach into the public right-of-way. 3. All existing and proposed trash enclosures shall be fitted to comply with Storm Water Best Management Practice requirements. The trash enclosures shall have an impervious, non-combustible roof that will not allow rain water to enter the enclosure. The enclosure shall be lockable and locked when not in use. A wide berm shall be installed at all openings to hold in any liquids that escape from the dumpster and to prevent any flow of storm water through the trash enclosure area. The berm can be designed wide and flat to allow rolling of the dumpster in and out. The enclosure shall be self-contained and may drain into the public sanitary sewer system if feasible. A separate building permit may be required for this structure. 4. Should the existing electrical panel need to be upgraded to a 200 amp panel or larger the existing overhead service line shall be removed and constructed underground. 5. The project lies within the Leucadia Wastewater District. Project plans shall be submitted to the District for requirements and processed to approval. 6. Roof downspouts shall drain to landscape areas prior to discharge to the public right-of-way. 7. Any portion of the existing sidewalk or any other public improvements damaged during construction shall be replaced to the next joint to the satisfaction of the City Engineer. 8. All street signs, lights, lamps, utilities, etc. located within the public right-of-way shall be protected in-place during construction or replaced to the satisfaction of the City Engineer. 9. The existing survey monuments shall be referenced on the site plan and shall be protected in-place. If any monument is disturbed or destroyed it shall be replaced by a licensed land surveyor with the subdivision map prior to release of securities. 14 of 21 ITEM NAME: SURFHOUSE HOTEL PROJECT NUMBER: 16-059 ADR/CDP SEPTEMBER 14, 2016 10. The removal of any and all city trees shall be consistent with the city's urban forest management program. Trees located within city street right-of-way, on city property, or within city easements are referred to as city trees and shall be protected in place during construction unless specifically approved otherwise. No grading, excavation, or disturbance of city tree root systems shall occur within the city tree drip line area (the area from the trunk of a tree to the outermost edge of the tree canopy projection on the ground). If a city tree is not clearly labeled to be removed, it must be protected in place. Even if approved improvements are in conflict with a city tree, it must not be disturbed unless the plan is revised to address the tree removal. The existing Pygmy Date Palms (2) and Queen Palms (3) shall be plotted and called out to be protected in-place. 11. The applicant shall pay all applicable mitigation and impact fees including but not limited to Traffic Mitigation fees. These impact fees shall be paid in full prior to building occupancy. 12. As identified in the Rick Engineering Hydraulic Study and Report from 2004, this property falls within the Leucadia Flood Problem area. The developer shall ensure that no fill or structures shall be placed on the subject property to displace any potential flood water. G1 STANDARD CONDITIONS: CONTACT THE PLANNING AND BUILDING DEPARTMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: G2 This approval may be appealed to the City Council within 15 calendar days from the date of this approval in accordance with Chapter 1.12 of the Municipal Code. G4 Prior to building permit issuance, the owner shall cause a covenant regarding real property to be recorded. Said covenant shall set forth the terms and conditions of this grant of approval and shall be of a form and content satisfactory to the Planning and Building Director. The Owner(s) agree, in acceptance of the conditions of this approval, to waive any claims of liability against the City and agrees to indemnify, hold harmless and defend the City and City's employees relative to the action to approve the project. G7 Prior to issuing a final inspection on framing, the applicant shall provide a survey from a licensed surveyor or a registered civil engineer verifying that the building height is in compliance with the approved plans. The height certification/survey shall be supplemented with a reduced (8 '/2 inches x 11 inches) copy of the site plan and elevations depicting the exact point(s) of certification. The engineer/surveyor shall contact the Planning and Building Department to identify and finalize the exact point(s) to be certified prior to conducting the survey. G5 Approval of this request shall not waive compliance with any sections of the Municipal Code and all other applicable City regulations in effect at the time of Building Permit issuance unless specifically waived herein. G6 Permits from other agencies will be required as follows: Leucadia Wastewater District 15 of 21 ITEM NAME: SURFHOUSE HOTEL PROJECT NUMBER: 16-059 ADPJCDP SEPTEMBER 14, 2016 G7 Prior to issuing a final inspection on framing, the applicant shall provide a survey from a licensed surveyor or a registered civil engineer verifying that the building height is in compliance with the approved plans. The height certification/survey shall be supplemented with a reduced (8 '/2 inches x 11 inches) copy of the site plan and elevations depicting the exact point(s) of certification. The engineer/surveyor shall contact the Planning and Building Department to identify and finalize the exact point(s) to be certified prior to conducting the survey. G9 Trash enclosure(s) shall be constructed of masonry with an exterior compatible with that of the building(s), and shall be provided with view-obstructing solid metal gates as approved by the authorized agency. Adequate space for recyclable materials shall be provided within the enclosure in accordance with Municipal Code requirements. The applicant shall review the design of the trash enclosure with the service provider and receive approval prior to building permit issuance. G10 All retaining and other freestanding walls, fences, and enclosures shall be architecturally designed in a manner similar to, and consistent with, the primary structures (e.g. stucco- coated masonry, split-face block or slump stone). These items shall be approved by the Planning and Building Department prior to the issuance of building and/or grading permits. G11 All roof-mounted equipment and appurtenances, including air conditioners and their associated vents, conduits and other mechanical and electrical equipment, shall be architecturally integrated, and shall be shielded from view and sound buffered to the satisfaction of the Planning and Building Department. Note: All rooftop equipment shall be assumed visible unless demonstrated otherwise to the satisfaction of the Planning and Building Department, and adequate structural support shall be incorporated into building design. Rooftop vent pipes shall be combined below the roof, and shall utilize decorative caps where visible from any point. Ground-mounted mechanical and electrical equipment shall also be screened through use of a wall, fence, landscaping, berm, or combination thereof to the satisfaction of the Planning and Building Department. All exterior accessory structures shall be designed to be compatible with the primary building's exterior to the satisfaction of the Planning and Building Department. G12 Prior to any use of the project site pursuant to this permit, all conditions of approval contained herein shall be completed or secured to the satisfaction of the Planning and Building Department. G13 The applicant shall pay development fees at the established rate. Such fees may include, but not be limited to: Permit and Plan Checking Fees, Water and Sewer Service Fees, School Fees, Traffic Mitigation Fees, Flood Control Mitigation Fees, Park Mitigation Fees, and Fire Mitigation/Cost Recovery Fees. Arrangements to pay these fees shall be made prior to building permit issuance to the satisfaction of the Planning and Building and Engineering Services Departments. The applicant is advised to contact the Planning and Building Department regarding Park Mitigation Fees, the Engineering Services Department regarding Flood Control and Traffic Fees, applicable School District(s) regarding School Fees, the Fire Department regarding Fire Mitigation/Cost Recovery Fees, and the applicable Utility Departments or Districts regarding Water and/or Sewer Fees. 16 of 21 ITEM NAME: SURFHOUSE HOTEL PROJECT NUMBER: 16-059 ADR/CDP SEPTEMBER 14, 2016 G16 Parking lot layout shall meet the standards of the Municipal Code and the Off Street Parking Design Manual. G20 Decorative use of neon or LED tubing or banding, such as tubing around windows or doors or banding around the building exterior, shall not be allowed unless approved through subsequent design review permit modification(s). Temporary window signs are limited to 25% of window area in accordance with Section 30.60.060(N)of the Municipal Code. G21 All utility connections shall be designed to coordinate with the architectural elements of the site so as not to be exposed except where necessary. Locations of pad mounted transformers, meter boxes, and other utility related items shall be included in the site plan submitted with the building permit application with an appropriate screening treatment. Transformers, terminal boxes, meter cabinets, pedestals, ducts and other facilities may be placed above ground provided they are screened with landscaping. LANDSCAPING L1 The project is subject to Chapter 23.26 of the Municipal Code (Water Efficient Landscape Program), which requires a landscape and irrigation plan to be prepared by a State licensed landscape designer. The requirements for the plans are listed in Chapter 23.26. The landscape and irrigation plans including the required signature block of the State licensed landscape designer must be submitted as part of the building permit application for the project. L2 All required plantings and automated irrigation systems shall be in place prior to use or occupancy of new buildings or structures. All required plantings and automated irrigation systems shall be maintained in good condition, and whenever necessary, shall be replaced with new materials to ensure continued compliance with applicable landscaping, buffering, and screening requirements. All landscaping and irrigation systems shall be maintained in a manner that will not depreciate adjacent property values and otherwise adversely affect adjacent properties. All irrigation lines shall be installed and maintained underground (except drip irrigation systems). L3 All parking areas and driveways shall conform with Chapter 30.54 of the Municipal Code and the City's Offstreet Parking and Design Manual incorporated by reference therein. L4(a) All landscaping, fences, walls, etc. on the site, in any adjoining public parkways (the area between the front property line and the street) shall be permanently maintained by the owner, assigns or any successors in interest in the property. The maintenance program shall include normal care and irrigation of the landscaping; repair and replacement of plant materials and irrigation systems as necessary; and general cleanup of the landscaped and open areas, parking lots and walkways, walls, fences, etc. Failure to maintain landscaping and the site in general may result in the setting of a public hearing to revoke or modify the approval. This condition shall be recorded with the covenant required by this Resolution. L5 All masonry freestanding or retaining walls visible from points beyond the project site shall be treated with a protective sealant coating to facilitate graffiti removal. The sealant shall be of a type satisfactory to the Engineering Services and Planning and Building Departments. The property owner shall be responsible for the removal in a timely manner of any graffiti posted on such walls. 17 of 21 ITEM NAME: SURFHOUSE HOTEL PROJECT NUMBER: 16-059 ADR/CDP SEPTEMBER 14, 2016 SIGNS S1 Any signs proposed for this development shall be designed and approved in conformance with Encinitas Municipal Code Chapter 30.60. S3 Signs are approved as submitted and as shown in the approved project plans. Any alteration/addition to the approved signs not exempted in Municipal Code Chapter 30.60 may require a permit amendment, and the applicant should contact the Planning and Building Department prior to undertaking any such modification. DESIGN REVIEW DR1 Any future modifications to the approved project will be reviewed relative to the findings for substantial conformance with a design review permit contained in Section 23.08.140 of the Municipal Code. Modifications beyond the scope described therein may require submittal of an amendment to the design review permit and approval by the authorized agency. DR2 Side and rear elevations and window treatments shall be trimmed and architecturally treated so as to substantially match the front elevations. This treatment shall be reflected in building plans and shall be found satisfactory by the Planning and Building Department prior to the issuance of building permits. B1 BUILDING CONDITION: CONTACT THE ENCINITAS BUILDING DIVISION REGARDING COMPLIANCE WITH THE FOLLOWING CONDITION: B2 The applicant shall submit a complete set of construction plans to the Building Division for plancheck processing. The submittal shall include a Soils/Geotechnical Report, structural calculations, and State Energy compliance documentation (Title 24). Construction plans shall include a site plan, a foundation plan, floor and roof framing plans, floor plan(s), section details, exterior elevations, and materials specifications. Submitted plans must show compliance with the latest adopted editions of the California Building Code (The Uniform Building Code with California Amendments, the California Mechanical, Electrical and Plumbing Codes). Commercial and Multi-residential construction must also contain details and notes to show compliance with State disabled accessibility mandates. These comments are preliminary only. A comprehensive plancheck will be completed prior to permit issuance and additional technical code requirements may be identified and changes to the originally submitted plans may be required. F1 FIRE CONDITIONS: CONTACT THE ENCINITAS FIRE DEPARTMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: F10 OBSTRUCTION OF ROADWAYS DURING CONSTRUCTION: All roadways shall be a minimum of 24 feet in width during construction and maintained free and clear, including the parking of vehicles, in accordance with the California Fire Code and the Encinitas Fire Department. 18 of 21 ITEM NAME: SURFHOUSE HOTEL PROJECT NUMBER: 16-059 ADR/CDP SEPTEMBER 14, 2016 F13 ADDRESS NUMBERS: Approved numbers and/or addresses shall be placed on all new and existing buildings and at appropriate additional locations as to be plainly visible and legible from the street or roadway fronting the property from either direction of approach. Said numbers shall contrast with their background, and shall meet the following minimum standards as to size: 4 inches high with a '/2- inch stroke width for residential buildings, 8 inches high with a '/2-inch stroke for commercial and multi-family residential buildings, 12 inches high with a 1-inch stroke for industrial buildings. Additional numbers shall be required where deemed necessary by the Fire Marshal, such as rear access doors, building corners, and entrances to commercial centers. F15 AUTOMATIC FIRE SPRINKLER SYSTEM: Structures shall be protected by an automatic fire sprinkler system designed and installed to the satisfaction of the Fire Department. F18 CLASS "A" ROOF: All structures shall be provided with a Class "A" Roof covering to the satisfaction of the Encinitas Fire Department. F20 FIRE ALARM SYSTEM: A California State Fire Marshal listed fire alarm system is required and shall be designed and installed per NFPA 72, California Fire Code and Encinitas Fire Department requirements. E1 ENGINEERING CONDITIONS: CONTACT THE ENGINEERING SERVICES DEPARTMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: E2 All City Codes, regulations, and policies in effect at the time of building/grading permit issuance shall apply. E3 All drawings submitted for Engineering permits are required to reference the NAVD 88 datum; the NGVD 29 datum will not be accepted. EG1 Grading Conditions EG14 A grading permit shall be obtained for this project unless the proposed grading is exempt under section 23.24.090 of the Municipal Code. If the proposed grading is exempt from permit requirement, the Owner shall provide a precise site plan prior to approval of a building permit. The building site plan shall provide design for drainage improvements, erosion control, storm water pollution control, and on-site pavement. ED1 Drainage Conditions ED2A An erosion control system shall be designed and installed onsite during all construction activity. The system shall prevent discharge of sediment and all other pollutants onto adjacent streets and into the storm drain system. The City of Encinitas Best Management Practice Manual shall be employed to determine appropriate storm water pollution control practices during construction. 19 of 21 ITEM NAME: SURFHOUSE HOTEL PROJECT NUMBER: 16-059 ADR/CDP SEPTEMBER 14, 2016 ED3 A drainage system capable of handling and disposing of all surface water originating within the project site, and all surface waters that may flow onto the project site from adjacent lands, shall be required. Said drainage system shall include any easements and structures required by the Engineering Services Director to properly handle the drainage. ED5 The owner shall pay the current local drainage area fee prior to issuance of the building permit for this project or shall construct drainage systems in conformance with the Master Drainage Plan and City of Encinitas Standards as required by the Engineering Services Director. ED7 Concentrated flows across driveways and/or sidewalks shall not be permitted. ES1 Street Conditions ES5 Prior to any work being performed in the public right-of-way, a right-of-way construction permit shall be obtained from the Engineering Services Director and appropriate fees paid, in addition to any other permits required. ES10 Improvements constructed within the present or future public right-of-way shall be considered temporary. The owner shall enter into an encroachment removal covenant agreeing to remove those improvements at the direction of the City. EU1 Utilities Conditions EU3 The owner shall be responsible for coordination with S.D.G. & E., AT&T, and other applicable authorities. EU2 The owner shall comply with all the rules, regulations, and design requirements of the respective utility agencies regarding services to the project. ESW1 Storm Water Pollution Control Conditions ESW3 Best Management Practice shall be utilized for storm water pollution control to the satisfaction of the City Engineer. The surface run off shall be directed over grass and landscaped areas prior to collection and discharge onto the street and/or into the public storm drain system. If pipes are used for area drainage, inlets shall be located to allow maximum flow distance over grass and non-erodable landscape areas. A grass lined ditch, reinforced with erosion control blanket, or a rip-rap lined drainage ditch shall be used instead of a concrete ditch where feasible. Hardscaped areas and driveways shall be sloped toward grassy and landscaped areas. Driveways with a grass or gravel lined swale in the middle can be used if the site topography does not allow for the discharge of driveway runoff over landscaped areas. The Permit Site Plan shall identify all landscape areas designed for storm water pollution control (SWPC). A note shall be placed on the plans indicating that the BMPs are to be privately maintained and the facilities not modified or removed without a permit from the City. ESW9 For storm water pollution control purposes, all runoff from all roof drains shall discharge onto grass and landscape areas prior to collection and discharge onto the street and/or into the public storm drain system. Grass and landscape areas designated for storm 20 of 21 ITEM NAME: SURFHOUSE HOTEL PROJECT NUMBER: 16-059 ADR/CDP SEPTEMBER 14, 2016 water pollution control shall not be modified without a permit from the City. A note to this effect shall be placed on the Permit Site plan. DISCLOSURES This notice constitutes a decision of the Planning & Building Department only for the discretionary entitlement. Additional permits, such as Building and Grading Permits, may be required by the Planning & Building Department or other City Departments. It is the property owner's and applicant's responsibility to obtain all necessary permits required for the type of project proposed. In accordance with the provisions of Municipal Code Section 1.12, the decision of the Planning & Building Department may be appealed to the City Council within 15 calendar days of the date of this determination. The appeal must be filed, accompanied by a $250 filing fee, prior to 5:00 pm on the 15th calendar day following the date of this Notice of Decision. Any filing of an appeal will suspend this action as well as any processing of permits in reliance thereon in accordance with Encinitas Municipal Code Section 1.12.020(D)(1) until such time as an action is taken on the appeal. The action of the Planning & Building Department may not be appealed to the Coastal Commission. If you have any questions regarding this determination, please contact J. Dichoso, Associate Planner, at (760) 633-2681 or by email at or contact the Planning & Building Department, 505 South Vulcan Avenue, Encinitas, CA 92024 at (760) 633-2710 or by email at plan ning(cD-encinitasca.gov. S GNATUR Manjeet Ranu, AICP Acting Director of Planning & Building 21 of 21